While you were out, Chicago called to tell you about new harassment obligations

Summertime often means summer hours and time out of the office. As such, some employers may have missed that Chicago recently amended its sexual harassment ordinance to expand the definition of “sexual harassment.” This amendment imposes new policies, training requirements, and record keeping requirements and increases monetary penalties. These changes took effect on July 1. If you’ve been tasked with making sure your handbook and policies are up to date and compliant in any workplace in Chicago, then this update is for you!

Harassment definition gets a refresh

The ordinance significantly expanded the definition of harassment to include “sexual misconduct.”

Under the new definition, sexual harassment means any:

(i) unwelcome sexual advances or unwelcome conduct of a sexual nature; or (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employments; or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or (iii) sexual misconduct, which means any behavior or a sexual nature which also involves coercion, abuse of authority, or misuse or an individual’s employment position.